Digital Commons Network^™

Special Autonomy And The Principles Of Federal System: A Blurred Portrait Of The Special Autonomy For Papua, Frans Reumi

Hasanuddin Law Review

The spirit of implementing decentralization and special autonomy contains the principle of federal arrangements is the right solution in the Indonesian government system. A unitary state in the form of a Republic with social conditions, multicultural society, and geographical conditions with thousands of islands is a challenge in realizing prosperity. This article is normative-legal research. The data used are primary legal materials obtained from relevant regulations and secondary legal materials obtained from various related literatures. The result shows that implementing the principle of the reserve of powers was to the region and direct election system for regional heads and deputy …

The Presence Of The Defense Lawyer In Vietnam’S Criminal Justice System: Substantive Or Cosmetic?, Le Lan Chi, Nguyen Thi Lan, Nguyen Hoang Ngan

Hasanuddin Law Review

Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and …

The Impact Of Indonesia's Mining Industry Regulation On The Protection Of Indigenous Peoples, Mohammad Jamin, Abdul Kadir Jaelani, Mulyanto Mulyanto, Reza Octavia Kusumaningtyas, Duc Quang Ly

Hasanuddin Law Review

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. …

Legal Status Of Cryptocurrency Circulation In Iraq: Lessons From The United Arab Emirates And The United States, Ghassan Adhab Atiyah, Nazura Abdul Manap, Saidatul Nadia Abd Aziz

Hasanuddin Law Review

The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, …

The Guardian Of Constitution: A Comparative Perspective Of Indonesia And Cambodia, John Sampe, Rosa Ristawati, Be Hakyou

Hasanuddin Law Review

A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core …

Transfer Of Land Ownership And Marginalization As Impact Of Tourism Industry, Fransiscus Xaverius Sumarja, Bayu Sujadmiko, Tien Dung Nguyen, Dianne Eka Rusmawati

Hasanuddin Law Review

Tourism has emerged as one of the foremost industries experiencing rapid growth. Over the past few decades, the sector has witnessed continuous development in Indonesia, evident from the increasing number of foreign tourist arrivals. The rapid growth of tourism in various regions has undeniably yielded positive impacts on both investment and the overall economy. However, it has also given rise to a multitude of challenges that need to be addressed. One of the challenges pertains to the issue of land ownership, specifically concerning the acquisition of residents' lands surrounding tourist destinations by foreign individuals, which is strictly prohibited under Indonesian …

Navigating Ambiguity: Critiques Of Indonesia's Health Law And Its Impact On Legal Redress For Medical Malpractice Victims, Mia Amiati, Hamzah Halim, Jady Zaidi Hassim

Hasanuddin Law Review

In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of …

Examining Personal Data Protection Law Of Indonesia And South Korea: The Privacy Rights Fulfilment, Rina Shahriyani Shahrullah, Jihyun Park, Irwansyah Irwansyah

Hasanuddin Law Review

Personal data leakages have been experienced by both Indonesia and South Korea. To ensure the protection of privacy rights relating to personal data, both countries have promulgated special laws, namely the Indonesian Personal Data Protection Law (PDP Law) and the South Korean Personal Information Protection Act (PIPA). This study aims to compare the two laws to ascertain their similarities and differences by adopting a comparative law approach. The study found that similarities exist in the two laws. They are to protect personal data and confer rights on data subjects. In the absence of explicit consent given by data subjects, data …

Foreign Direct Investment In Asean Airline Industry, Rio Christiawan, Haris Zuan, Sufian Jusoh, Ridha Aditya Nugraha

Hasanuddin Law Review

The development of aviation market in Southeast Asia after the Covid-19 pandemic is promising. More aircraft are delivered to the Asia-Pacific region, including the Association of South East Asian Nations (ASEAN) Member States. The introduction of ASEAN Open Skies (also known as ASEAN Single Aviation Market) a decade earlier together with ASEAN Economic Community Blueprint 2025 goals for an integrated and cohesive regional economy highlight the importance of a seamless air connectivity. Liberalisation of the airline industry in ASEAN Member States is crucial to restart the airline industry pre-pandemic and to grasp the so-called Asian century momentum. However, ASEAN Member …

Strengthening National Regulations In Combating Cross-Border Trafficking: Empirical Approach And The Way Forward, Emma Valentina Teresha Senewe, Antonio Revivo, Ronny Adrie Maramis

Hasanuddin Law Review

At practical level, both nationally and internationally, various efforts have been made to deal with increasingly acute human trafficking. However, as it turns out in practice, all existing legal instruments have not had a deterrent effect and have broken the chain of human trafficking to this day. Even more so in Indonesia. This article focuses on examining the answer to the problem, namely the national policy to prevent human trafficking and the efforts that can be made to eradicate increasingly complex human trafficking. This qualitative study is related to the policy and implementation of international and national policies to address …

The Impact Of Artificial Technology On Authors Of A Cinematographic Creation, Michael Alexander Radetzky

Hasanuddin Law Review

Algorithmic systems are used almost everywhere in our everyday lives and have strongly made their indispensable way into the film industry. This new reality has changed the rigid entertainment business models and has significantly impacted copyright law. The critical question that arises is how cinematographic authorship rights are affected by artificial contributions. Consequently, the main issue at hand is determining the legal status of the film author when it comes to using artificially created works. Since the film is a collectively created work of art, the possible authors were first determined by reviewing the relevant regulations. During this analysis, it …

Artificial Intelligence And Administrative Justice: An Analysis Of Predictive Justice In France, Zouhaier Nouri, Walid Ben Salah, Nayel Alomran

Hasanuddin Law Review

This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, …

Indonesia Passenger’S Right Compensation For Transport Accidents: Is It Fulfilling A Sense Of Justice?, Siti Nurbaiti

Hasanuddin Law Review

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast …

Civil Law, Conflict Of Laws, And Extraterritoriality In The European Supply Chain Due Diligence Law, Stefan Koos

Hasanuddin Law Review

This paper gives an overview of the new European Union’s Corporate Sustainability Due Diligence Directive (CSDDD), its relation to the German Supply Chain Due Diligence Act (LkSG) from 2021, and the systematic background of both acts. The article contradicts criticism of the extraterritorial effects of the acts, underlining a legislative purpose as part of the national business law regarding fair competition and consumer protection besides the purpose of improving life conditions. The acts are part of an international socially responsible business law. The CSDDD is introducing a new specific civil liability provision. It also brings significant advancements in conflict-of-law principles …

The Proportionality Test Models Of Competing Rights Cases In The Civil And Common Law Systems: Lesson To Learn For Indonesia, Tanto Lailam, Putri Anggia, M. Luthfi Chakim

Hasanuddin Law Review

This research focuses on the Proportionality test model of Competing Rights in practice in civil law countries (Germany and South Korea) and the Common Law System (United States and Canada). The research method used is a normative legal research method with statutory, comparative, and case approaches. The results show that the proportionality test is the "ultimate rule of law," a fundamental benchmark in judicial review, and has become a global constitutionalism recognised and applied internationally. Its application is structured and systematic with four test stages, such as German, Canadian, and South Korean models. Meanwhile, it is unstructured in the United …

Suspicion On The Non-Conformity Of The Goods As A Foundation Of Breach Of International Sales Contract, Emmy Latifah, Anis H. Bajrektarevi, Dini Kartika Salsabila

Hasanuddin Law Review

The aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the …

Justice Delayed, Justice Denied: A Critical Examination Of Repeated Suspect Status In Indonesia, Erwin Susilo, Mohd. Din, Suhaimi Suhaimi, Teuku Muttaqin Mansur

Hasanuddin Law Review

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative …

Legal Framework For Authenticity Of Blockchain Electronic Evidence In China: Under A Comparative Law Perspective, Siqi Chen, Ramalinggam Rajamanickam, Nazura Abdul Manap

Hasanuddin Law Review

This article analyses the attitudes of various courts towards blockchain electronic evidence and the inconsistent conclusions on its authenticity in China’s judicial practice. The purpose of this article is to explore the rules for determining the authenticity of blockchain electronic evidence that are suitable for China’s reality. This article adopts a qualitative approach to analyse the rules for determining the authenticity of blockchain electronic evidence in China, and identifies the problems faced when reviewing the authenticity of blockchain electronic evidence in Chinese judicial practice. Finally, by comparing and learning from the U.S. rules for determining the authenticity of blockchain electronic …

Eia In Strengthening Law Enforcement And Penalties: A Case Of Corruption In Natural Resource Sector, Mochamad Agung Sasongko, Kosuke Mizuno, Suyud Warno Utomo, Raldi Hendro Koestoer

Hasanuddin Law Review

Corruption in Indonesia's natural resource sector is a significant issue with far-reaching consequences for environmental sustainability. Despite the detrimental effects of corrupt practices on the environment, law enforcement penalties for corruption often fail to compensate for their environmental impact. The aim of the study is to explore how the use of Environmental Impact Assessments (EIAs) strengthens law enforcement efforts and increase penalties for corrupt practices in Indonesia's natural resource sector. The method used is to collect and analyze regulations, policies, and corruption study cases to examine the relationship between EIA and corruption penalties. The results showed that EIA can help …

Notarial Challenges For Aircraft Deeds: Unlocking The Potential Of Aircraft As Collateral, Annalisa Yahanan, Murzal Murzal, Sri Turatmiyah, Tongle Si

Hasanuddin Law Review

A notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The …

Legitimate Interest Of Coastal States In Seabed Mining: Indonesia's Practice, Dhiana Puspitawati, Fransiska Ayulistya Susanto, Mohd Hazmi Mohd Rusli, Moh. Fadli

Hasanuddin Law Review

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the …

Critical Legal Reading Of World Anti-Doping Agency’S Gene Doping Guidance, Ahmad Saad Ahmad Al-Dafrawi

Hasanuddin Law Review

The genetic barrier negatively affected competitive athletic performance until the advent of gene therapy and genetic manipulation, which cast doubt on and impacted the legitimacy of sporting events. At that a critical point, the World Anti-Doping Agency (WADA) interfered in such experimentation and application with a serious attempt to curb the problem and set things back on track with the healthiest standards in light of bioethics. However, the major problem that the agency has encountered and which this legal study wants to raise, and address is the legal consequences that result from the lack of a reliable method that provides …

Initiating The Community Economic Improvement Through Intellectual Property Registration Of €Œrobusta Pinogu Coffee”, Ibrahim Ahmad, Hasbir Paserangi

Hasanuddin Law Review

Robusta Pinogu coffee was well known in both domestic and international markets, with production centers located in Pinogu subdistrict, Bone Bolango Regency, Gorontalo Province, Indonesia. It has unique flavor quality and good reputation in local, national and international markets. Its reputation tends to be counterfeited by irresponsible parties, which would harm producers and consumers of Robusta Pinogu coffee. Related to that, then “Masyarakat Indikasi Geografis Kopi Robusta Pinogu Bone Bolango” (MIG-KRPBB) be aware the need to have geographical indications for Robusta Pinogu coffee. Therefore, MIG-KRPBB submits for registration of geographical indication of Robusta Pinogu coffee to the Government of the …

Village Autonomy: The Main Road To Fulfill Right To Water, Ardhiwinda Kusumaputra, Indra Perwira, Ida Nurlinda

Hasanuddin Law Review

Water resources are common resources that affect the livelihood of many people. Its management should be oriented towards the rights fulfillment to water for the community. However, the management of water resources still shows inconsistency. This results in uncertainty in the rights fulfillment to water for the community. Therefore, a reform in water resources management is needed. Village autonomy can be the foundation for a more community-oriented water rights management, since it contains independence and community initiatives. This research aimed at finding a precise and clear concept in the management of water resources based on village autonomy. This research was …

Problematic Policy: Environmental Impacts Of Traditional Mining In Papua, Hotlan Samosir

Hasanuddin Law Review

Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the …

Disgorgement Of Profits: An Alternative Solution To Stolen State Assets’ Recovery From Corporate Financial Crimes, Renny Ariyanny, Sung-Jun Bae, Mohammad Kemal Dermawan

Hasanuddin Law Review

In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving …

The Development Standard Agreement Influences On National And International Business Practices, Cindawati Cindawati

Hasanuddin Law Review

The rapidly growing business traffic either nationally or internationally forces the business practices to establish a standard agreement to secure the products and to protect the buyer from any risks. The standard agreement successfully meets the demand of international trade which urgently need the high speed and the accuracy. The objective of this research is to find out how does the development of agreement affect to the commerce practices and what are the requirements of standard agreement in accordance with the right and obligation. A qualitative method is applied in searching data of business practices. This study uses a normative …

Intouch Week Of January 20, 2025, New York Medical College

InTouch

• New Study Reveals Obese Children Face Higher Risks in Vehicle Strikes
• Inaugural Drs. Joel and Judith R.F. Kupersmith Endowed Lecture Set for January 28
• "Pet the Stress Away" Brings Comfort to Campus
• Student Spotlight: D.P.T. Student Shares Research on Robotic Technology
• Faculty Spotlight: From Pupil to Professor: Alumni Lighting the Way at NYMC
• Faculty Spotlight: Dr. Rossi Helps Others Move Forward

Contemporary Fanfiction As Decoupled Participatory Sensemaking, Mingxi Xu, Christian Kronsted

Contemporary Aesthetics (Journal Archive)

Within the last fifteen years, a new form of community-driven literary practice has developed on the internet, namely fanfiction. Fanfiction is unlicensed community-authored writing about established intellectual property, made for fans by fans. In this paper, we provide an overview of contemporary fanfiction circulated on the most popular fanfiction platforms (Wattpad and Archive of Our Own). We also bring in recent cognitive science studies on creativity and art, where there is an emerging consensus that creativity is not a product of an individual mind that imposes its intentions onto a static object. Instead, creative processes tend to be co-emergent between …

In Praise Of Dessert, Yujia Song

Contemporary Aesthetics (Journal Archive)

Is there something special about dessert? Is it the sweetness or sumptuousness or something else? This essay explores the aesthetic layers in our experience of dessert. It will turn out that dessert promises much more than sensuous pleasures. As we savor our dessert, we reach outside the humdrum of everyday life for a taste of all the good things life has to offer. Although dessert is by its nature superfluous, it is precisely its being “unnecessary” that makes it necessary for us.